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FIDIC Contract Manager CCM Question # 37 Topic 4 Discussion

CCM Exam Topic 4 Question 37 Discussion:
Question #: 37
Topic #: 4

Towards the end of implementing a varied work (initiated originally by the Contractor as a "Value Engineering Proposal", relevant designs provided by the Contractor) it turned out, that there is some part of it not complying with the otherwise prevailing standards. Which statements are correct in this situation? [FIDIC Red Book, 2017 Edition]

Choose all of the correct answers (multiple possibilities).


A.

Since the design was approved by the Engineer, the Contractor might not be found responsible for such discrepancy, hence, to be fully compensated.


B.

In this situation, the whole of the varied works should be removed, and the original technical content reinstated.


C.

The Contractor shall immediately rectify, ensuring, that the varied work fully complies with the prevailing standards.


D.

In case it is necessary, the Contractor shall prepare designs for works subject to the Value Engineering, hence, it is up to the Contractor to ensure that the works are fit for the purposes, including that the designs are correct, regardless of any approval or "no-objection" of the Engineer.


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